DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quantum Distribution Services Pty Ltd
(AG2017/3583)

QUANTUM DISTRIBUTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Quantum Distribution Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Quantum Distribution Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quantum Distribution Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[1] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quantum Distribution Services Pty Ltd sought approval of an enterprise agreement under section 234 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has jurisdiction to approve such agreements. The enterprise agreement in question related to employees of Quantum Distribution Services Pty Ltd, who were involved in the distribution of petroleum products. The dispute centred on whether the proposed agreement met the legal criteria for approval, specifically whether it contained the necessary good faith bargaining provisions and other requirements under the Fair Work Act.

The court had to determine if the enterprise agreement contained the requisite good faith bargaining provisions and adhered to the statutory requirements outlined in the Fair Work Act. Additionally, the court examined whether the agreement appropriately addressed the terms and conditions of employment for the employees, including any proposed changes to pay rates, hours of work, and other employment conditions. The court also considered whether the agreement was made in good faith and if it provided for a fair and efficient workplace.

In reaching its decision, the Fair Work Commission found that the enterprise agreement did contain the necessary good faith bargaining provisions and met the legal requirements for approval. The Commission was satisfied that the agreement provided for fair and efficient workplace arrangements and adequately addressed the terms and conditions of employment for the employees. The Commission approved the application for the Quantum Distribution Services Pty Ltd Enterprise Agreement 2017 to be made.

Quantum Distribution Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established